European home country

(1) The home country of the service provider within the scope of application of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1), as last amended by Regulation (EU) 2022/2065 (OJ L 277, 27.10.2022, p. 1; L 310, 1.12.2022, p. 17), is the Member State in whose territory the service provider is established.
(2) By way of derogation from paragraph 1, in the case of audiovisual media services within the scope of Directive 2010/13/EU, the Member State in which the service provider's head office is located and in which editorial decisions about the audiovisual media service are taken is deemed to be the home country of the provider of audiovisual media services. Where editorial decisions about the audiovisual media service are taken in a Member State other than that of the head office, the home country of the service provider is deemed to be
1. whichever of those two Member States is the one in which a significant part of the workforce of the service provider involved in the pursuit of the programme-related activities of the audiovisual media service operates,
2. whichever of those two Member States is the one in which the service provider's head office is located, where a significant part of the workforce of the provider of audiovisual media services involved in the pursuit of the broadcast-related activities operates in both Member States, or
3. whichever of those two Member States is the one in which the service provider first began its activity in accordance with the law of that Member State, provided that
a) a stable and effective link with the economy of that Member State continues to exist, and
b) no significant part of the workforce of the provider of audiovisual media services involved in the pursuit of the broadcast-related activities operates in either of those two Member States. Where editorial decisions about the audiovisual media service are taken in a third country, the Member State in which the service provider's head office is located is deemed to be the home country. Where the service provider's head office is located in a third country and editorial decisions about the audiovisual media service are taken in a Member State, the Member State in which a significant part of the workforce involved in providing the audiovisual media service operates is deemed to be the home country.
(3) For providers of audiovisual media services who do not already come under the jurisdiction of a Member State by virtue of their establishment, the Member State in which they
1. use a satellite up-link situated in that Member State, or
2. do not use a satellite up-link situated in that Member State but do use satellite capacity appertaining to that Member State, is deemed to be the home country. Where neither of these two criteria applies, the Member State in which the provider of audiovisual media services is established, in accordance with Articles 49 to 55 of the Treaty on the Functioning of the European Union, is also deemed to be the home country for that provider of audiovisual media services.
(4) Where a video-sharing platform provider within the scope of Directive 2010/13/EU is not established in the territory of a Member State, the Member State in whose territory
1. a parent undertaking or a subsidiary undertaking of the video-sharing platform provider is established, or
2. another undertaking of a group of which the video-sharing platform provider forms part is established, is, by way of derogation from paragraph 1, deemed to be the home country.
(5) Where, in the cases under paragraph 4, the parent undertaking, the subsidiary undertaking, or the other undertakings of the group are each established in different Member States, the video-sharing platform provider is deemed to be established in the Member State in which
1. its parent undertaking is established,
2. in the absence of an establishment under no. 1, its subsidiary undertaking is established, or
3. in the absence of an establishment under no. 2, the other undertaking or undertakings of the group is or are established.
(6) Where there are several subsidiary undertakings, and each of these subsidiary undertakings is established in a different Member State, the video-sharing platform provider is deemed to be established in the Member State in which one of the subsidiary undertakings first commenced its activity. This is conditional on a stable and effective link existing between the subsidiary undertaking and the economy of that Member State.
(7) Where there are several other undertakings that form part of the group and each of which is established in a different Member State, the video-sharing platform provider is deemed to be established in the Member State in which one of those undertakings first commenced its activity. This is conditional on a stable and effective link existing between the undertaking and the economy of that Member State.
(8) Where disagreements arise between the competent domestic authority and an authority of another Member State as to which Member State is, or is deemed to be, the home country of the service provider under paragraphs 2 to 7, the competent domestic authority must bring those disagreements to the attention of the European Commission without delay.